[Korean Law Insights] Overseas Elections and Election Campaigns

[Published on May 13, 2025 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]

• Electioneering Overseas is More Restricted Than in Korea

• Both Individual Freedom and Lawful Elections Must be Upheld

The campaign period for the 21st Korean presidential election for overseas voters began on the 12th of May. Overseas elections are governed in detail by the Public Official Election Act (Election Act), which also specifically regulates election campaigning.

Under the Election Act, "election campaigning" is defined as acts intended to get a specific candidate elected or defeated. The Act also specifies who is not permitted to campaign—among them are individuals who are not Korean nationals. U.S. citizens, for instance, automatically lose their Korean nationality upon acquiring U.S. citizenship, regardless of whether they formally report the loss of nationality. Therefore, they are not allowed to engage in election campaigning.

Meanwhile, the Election Act also outlines permissible campaign methods. Campaigning at any time is allowed via text messages (excluding automated mass messages), internet websites, and emails. Campaigning via phone calls or face-to-face verbal interaction is only permitted during the official campaign period. However, in overseas elections, the use of loudspeakers or conducting public campaigns targeting crowds at outdoor gatherings is prohibited. Likewise, using foreign media such as TV or newspapers, or organizing meetings or assemblies for campaigning, is also forbidden in overseas elections. 

Compared to domestic elections, campaigning in overseas elections is more limited. This reflects the unique nature of such elections, which intersect with the judicial, administrative, and legislative systems of the host country. In order to respect the local legal and cultural systems while still conducting fair elections, these limitations are seen as necessary. If unrestricted campaigning were allowed, it could potentially conflict with local laws and norms. Therefore, a balance is struck to allow fair elections while respecting the order and laws of the host country. In the future, it is hoped that legislation will gradually move toward better guaranteeing the freedom of campaigning in a practical sense.

The Election Act also provides for disadvantages imposed on overseas Koreans or foreigners who violate election laws. Korean nationals (including permanent residents and dual citizens) cannot be exempt from Korean law violations committed abroad simply because they live overseas. If an overseas Korean violates the Election Act, they may face disadvantages such as restrictions on passport issuance or renewal, or even a requirement to surrender their passport. However, such disadvantages are limited to within five years after the election in question and apply only in cases where the alleged offense carries a prison sentence of three years or more. These serious offenses include bribery, interference with election freedom, and the spreading of false information—actions that gravely undermine election fairness and transparency.

In contrast, foreigners can be denied entry to Korea for any suspected violation of the Election Act, regardless of whether the offense carries a sentence of three years or more. This entry ban is limited to the term of office of the candidate elected in the relevant election. Since it is difficult to criminally prosecute a foreigner for acts committed abroad that violate Korean law, this entry ban is considered a sovereign measure by the state.

The freedom to campaign is a fundamental constitutional right and should be protected and expanded through legislative improvements. However, since even constitutional rights can be restricted by law, overseas election campaigns must comply with the Korean laws and the Election Act as currently stipulated.

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Jin Hee Lee/K-Law Consulting Korean Attorney

[Reference link in original Korean]

https://www.koreadaily.com/article/20250513234936394